NYS Department of Environmental Conservation.

Yes, the structure elevations and floodproofing will be implemented on a voluntary basis. Property owners may choose to participate in the plan. In contrast, there is a requirement for mandatory implementation of 14 structure acquisitions. The nonfederal sponsor is aware of the requirement for it to use eminent domain, if necessary, in order to acquire the properties. If your property is one of the mandatory acquisitions, you will be notified through certified mail.

Eminent Domain is the right of government to take private property for public use. In the U.S., just compensation must be paid for private property acquired for federally funded programs or projects. 

If the structure owner does not want to participate in the Project, USACE and the nonfederal sponsor will defer any further action on that structure until such time as the structure owner elects to participate or until the period of construction ends.

Once the nonstructural measures have been implemented and certified, the owner of the property will be responsible for all cost and risk of maintaining, repairing, rehabilitating and replacement the floodproofing measures that were utilized for the subject property.

Eligible Project Costs: All elevations will require local permits prior to any onsite construction. Only the costs of elevation and foundation retrofitting are eligible costs. No Federal funds will be used to restore, replace, or repair the structure. No additions to the habitable spaces of the structure will be permitted in the performance of the elevation work. (More info pg. 9 of Appendix M)

The NFS shall conduct periodic inspections at the intervals specified in the OMRR&R Manual to ensure that the owners, their heirs, and assigns, are in compliance with the terms and conditions of the executed agreements and shall provide written certifications to USACE that the structures and lands have been inspected and that no violations have been found.

The shorefront work on the barrier islands is in construction. The nonstructural work on mainland Long Island is in Preconstruction Engineering and Design.

The project is currently being implemented at full federal cost under P.L. 113-2, which states the initial project construction is eligible for 100 percent Federal funding, subject to the availability of funds.

Nonstructural measures proposed include floodproofing, elevations, and acquisitions. Additionally, the Recommended Plan includes the construction of ringwalls around 93 structures.

There are about 3,675 residential structures that may be eligible to participate in the project. This is based on residential structures within the current 10% floodplain.

Specific implementation methods for nonstructural measures across the nation are being worked at the HQ level. The current direction NAN received is to have USACE accomplish construction.

Specific implementation methods for nonstructural measures across the nation are being worked at the HQ level. The current direction USACE New York District received is to obtain a temporary right of entry for construction and have a unilateral covenant restriction. The temporary right of entry would provide temporary access for construction and would satisfy the Project need for minimum real estate needed to construct and maintain the project. The unilateral covenant restriction consists of a document signed by the homeowner and recorded against their deed, with homeowner-imposed limitation to not occupy living space below the elevated structure.

Yes, on a continuing basis.

Owner occupants of voluntary participation projects are not entitled to relocation assistance because they are not displaced persons as defined in 49 CFR Part 24, Subpart A, paragraph 24.2 (9)(ii)(d), (e), (h) 49 CFR Part 24 24.2 Definitions and Acronyms 

(9) (ii)Persons not displaced. The following is a nonexclusive listing of persons who do not qualify as displaced persons under this part: 

(D) A person who is not required to relocate permanently as a direct result of a project. Such determination shall be made by the Agency in accordance with any guidelines established by the Federal Agency funding the project (See appendix A, § 24.2(a)(9)(ii) (D));

(9) (ii)Persons not displaced. The following is a nonexclusive listing of persons who do not qualify as displaced persons under this part:

(D) A person who is not required to relocate permanently as a direct result of a project. Such determination shall be made by the Agency in accordance with any guidelines established by the Federal Agency funding the project (See appendix A, § 24.2(a)(9)(ii)(D));

(E) An owner-occupant who moves as a result of an acquisition of real property as described in §§ 24.101(a)(2) or 24.101(b)(1) or (2), or as a result of the rehabilitation or demolition of the real property. (However, the displacement of a tenant as a direct result of any acquisition, rehabilitation or demolition for a Federal or federally-assisted project is subject to this part.);

(H) An owner-occupant who conveys his or her property, as described in §§ 24.101(a)(2) or 24.101(b)(1) or (2), after being informed in writing that if a mutually satisfactory agreement on terms of the conveyance cannot be reached, the Agency will not acquire the property. In such cases, however, any resulting displacement of a tenant is subject to the regulations in this part; The above applies to owners of permanent residences as well as vacation homes who voluntarily participate in a nonstructural project. The CFR sets for the the minimum requirements to satisfy the law. 

The agency can go above and beyond what the requirements are. Therefore, in the case of nonstructural projects, USACE could decide as a matter of policy that it will offer relocation assistance to owner occupants who participate in nonstructural projects. Relocation assistance would provide for temporary relocation costs incurred by the owner occupant if they need to move out of their home during a residential elevation (or for a portion of the time). It would not make any sense to provide relocation assistance to owners of vacation homes since they have a permanent residence where they can reside while their vacation home is being elevated. Therefore, teams should not propose that relocation assistance be authorized for vacation homes.

Note if that vacation home is rented on a permanent basis, the long term tenant would be entitled to receive relocation assistance. Tenants are entitled to assistance because they are not the ones who voluntarily chose to participate in the project. Therefore, they are displaced persons and are protected by the law.